Dismissed

New India Assurance Co. Ltd. Allahabad v. Anil Kumar and 2 Others

Allahabad HC25 Jan 2021FAFO/3060/2016

Case brief

AI extract

What is this about?

This first appeal sought interference with an award granting 25% disability compensation to an injured salesman due to shortening and muscle wasting of a limb. The court dismissed the appeal, noting the appellant failed to dispute core medical facts and the compensation was balanced.

What did the court decide?

The appeal was dismissed; the lower court record was sent back.

New India Assurance Co. Ltd. Allahabad Vs Anil Kumar… — Motor Accident Claims | Allahabad HC (2021)

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Court No. - 1

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Case :- FIRST APPEAL FROM ORDER No. - 3060 of 2016

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Appellant :- New India Assurance Co. Ltd. Allahabad Respondent :- Anil Kumar And 2 Others Counsel for Appellant :- Manish Kumar Nigam Counsel for Respondent :- Ajay Kumar Mishra,Satya Deo Ojha

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Hon'ble Vivek Agarwal,J.

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Shri M.K. Nigam, learned counsel for the appellant and Shri S.D.Ojha, learned counsel for the respondents.

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This appeal has been filed by the insurance company being aggrieved of award dated 16.07.2016 passed by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Meerut in M.A.C.P No.808 of 2014 on the ground that in an injury case merely on the ground of shortening of 3 cm of one limb 25% functional disability has been accepted and compensation has been awarded under the head of loss of income.

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It is submitted that this computation of 25% functional disability is not based on any cogent material on record and it has been calculated in a hypothetical manner.

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Shri S.D. Ojha, learned counsel for claimants supports the award and submits that no interference is required.

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It has come on record that injured-claimant was working as salesman cum technician in a gas company. It has come on record that claimant at the time of accident was about 45 years of age and was drawing salary to the tune of Rs.8,000/- per month from AVM Oil Field Services. It has also come on record that P.W.-2 Dr. Ram Mohan Gupta, retired C.M.O. deposed that before issuing disability certificate he had asked the claimant to undergo X-ray of left leg tibia and fibula bone and on the basis of the X-ray he had found that there was miss-union in the tibia and fibula bone on the left leg and the left bone was fixed with a metallic plate and screws. Doctor further deposed that apart from shortening, there was wasting of muscles to the tune of 6 cm i.e., left leg was found to be thinner in comparison to the right leg to the extent of 6 cm and after taking all these parameters into consideration he had issued a certificate showing 45% relative disability.

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Appreciation of this evidence and the cross examination of doctor reveals that though certificate was issued in the capacity of a private doctor and not from the district hospital yet factum

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of shortening of left limb to the extent of 3 cm could not be disputed by the owner, driver and insurer of the offending vehicle.

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In view of such facts and taking into consideration, over all fact situation where Tribunal has not awarded any amount under the head of future treatment, nutritious diet, transport, attendant etc. over all compensation taking functional disability to be 25% stands balanced and does not call for any interference at this stage. Therefore, appellants having failed to dispute the factum of shortening to the extent of 3 cm and wasting of muscles to the extent of 6 cm by leading any cogent evidence are not entitled to take any advantage on the basis of hyper technicalities, therefore, in my opinion appeal sans merit and is dismissed.

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Cross objections are not pressed by Mr. Ojha.

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Lower record be sent back forthwith.

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Order Date :- 25.1.2021

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New India Assurance Co. Ltd. Allahabad v. Anil Kumar and 2 Others

Case brief

What is this about?

What did the court decide?

New India Assurance Co. Ltd. Allahabad v. Anil Kumar and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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